A Cleveland abortion clinic and 11 others around Ohio were ordered by the Ohio Department of Health yesterday to apply for a state operating license within 10 days or face potential legal action.

The Health Department sent license applications to the Center for Women's Health on Shaker Blvd. and other clinics, giving them an opportunity to apply for a license or request an administrative hearing if they disagree with the determination.  State law requires the clinics to be licensed ambulatory surgical facilities.

But the state's action is not strong enough, said Denise Mackura, executive director of Cleveland Right to Life, the group that triggered the state's investigation with a complaint.

"I'm very angry.  I believe they need to close them down until they get a license," Mackura said.  "The law says you shall not operate without a license."

The Health Department investigation began after Cleveland Right to Life officials heard a department official say at a Rocky River City Council meeting that all abortion clinics should be licensed ambulatory surgical facilities.  

Macro said her organization is discussing asking a judge to intervene and compel the department to enforce the law.

Dr. Martin Ruddock, medical director of the Center for Women's Health, could not be reached for comment yesterday.  The center's clinic director, Sue Noble, declined comment.

Earlier in the week, Ruddock said his clinic did not need a license because it operates as a "private physician's office." 

The clinics are "technically" violating the law, said Randy Hertzer, a Health Department spokesman.  But the state must first give the clinics an opportunity to apply for a license before taking legal action.

"Even if they are operating illegally, you have to give them time to get a license, unless you can show immediate harm," Hertzer said.   "Had we found clients being placed in immediate harm, we would have gone to the attorney general and sought an injunction.

As it is, the department shortened its normal response time for the application process in these cases from 30 days to 10 days, Hertzer said.

"We wanted to turn this around quickly," Hertzer said.  "If they do not comply within 10 days we will turn the information over to the attorney general."

Any clinic disagreeing with the department's finding has the right to request a hearing before an administrative officer, Hertzer said.

One clinic, Dayton Women's Services in Dayton, had been referred to Attorney General Betty D. Montgomery's office because of "infection control problems," Hertzer said.  Surgical instruments at the clinic were being placed in nonsterile containers with rusty forceps, he said.

"They immediately corrected those problems and they are not included with the 12 needing a license," Hertzer said.

Of the 21 clinics investigated, 12 were sent letters, two were closed, four did not meet requirements and three are in the process of obtaining licenses," Hertzer said.

Click here to see a list of these clinics.

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